Agreement
These Terms of Service (the "Terms") form a binding agreement between you and GutCall ("GutCall", "we", "us") covering your access to and use of the website, mobile apps, APIs, and any related services (collectively, the "Service"). The Service is a free-to-play prediction game played with non-redeemable virtual coins; it is not a gambling, wagering, or money-transmission service. By creating an account, completing a purchase, or otherwise using the Service, you accept these Terms together with the Privacy Policy, the Cookie Notice, and the DMCA / IP Policy, which are incorporated by reference. If you do not accept any part of these documents, do not use the Service.
Eligibility
You must be at least 18 years old and legally able to enter into a binding contract in your country of residence. The Service is closed to minors and we do not knowingly collect data from anyone under 18; if we learn that an account belongs to a minor, we will terminate it and delete the associated data. You may hold only one account at a time. You may not access the Service from any country subject to comprehensive trade sanctions or where the Service is restricted by local law. Providing false age or identity information, using another person's identity, or circumventing the age gate is a material breach of these Terms and may result in immediate termination and forfeiture of any coin balance.
Your account
You are responsible for the security of your account credentials and for all activity that occurs under your account, whether or not authorised by you. Notify us at security@gutcall.co immediately if you suspect any unauthorised access. We may, but are not obligated to, require additional verification (including email confirmation or government-ID checks) when there is reasonable suspicion of fraud, multi-accounting, or compliance issues. You may delete your account at any time from the preferences page; certain records (transaction history, dispute logs, anti-fraud signals) may be retained for the time required by tax, anti-money-laundering, and consumer-protection laws, as described in the Privacy Policy.
Acceptable use
You agree to use the Service in good faith, in compliance with applicable laws, and consistently with the in-app community guidelines. We may refuse, restrict, or terminate access for any user whose conduct, in our reasonable judgment, exposes the Service or other users to legal, security, or reputational risk. The protections in these Terms are without prejudice to any non-waivable rights you have under consumer-protection law.
Prohibited conduct
Without limiting the above, you must not: (a) use bots, scrapers, or automated tools to interact with the Service except where we expose an official API for that purpose; (b) hold or operate more than one account, or assist others in doing so, to bypass limits, sanctions, or promotions; (c) attempt to manipulate the outcome, probability display, or resolution of any challenge, including through coordinated staking, insider information, or trading on material non-public facts; (d) exploit a bug, security flaw, or pricing error instead of reporting it; (e) sell, transfer, or trade coins, accounts, items, or login credentials for real-world value outside of features GutCall explicitly enables; (f) upload or share content that is unlawful, infringing, defamatory, deceptive, threatening, sexually explicit, or that targets a person or group with hatred or harassment; (g) use the Service to launder money, evade taxes, evade sanctions, or facilitate any other crime. Violations may result in warnings, content removal, suspension, termination, balance forfeiture, and referral to authorities where required.
Virtual coins (closed-loop)
GutCall coins are a fictional in-game currency used only inside the Service. Coins (i) have no cash value and are not legal tender, securities, e-money, or stored value; (ii) cannot be cashed out, redeemed for real-world money or goods, or exchanged for any third-party currency; (iii) are non-transferable between accounts except inside features GutCall expressly enables, and never for off-platform consideration; (iv) are non-refundable except as required by mandatory consumer law (see "Refunds"). Purchasing coins is a purchase of a non-recoverable licence to use them inside the Service; you do not own the coins as property. We may adjust coin balances to correct errors, fraud, charge-backs, or violations of these Terms.
Purchases
Coin packs and subscription plans are sold through our payment processor (currently Stripe). All prices are shown in the currency configured for your account and include or exclude tax as displayed at checkout; where applicable, sales tax / VAT / IOF is calculated by Stripe Tax based on the billing address you provide. You authorise us and our processor to charge the payment method you submit. We may refuse, hold, or cancel any order, including for suspected fraud, velocity violations, sanctions exposure, charge-back risk, or pricing errors. Every transaction carries an idempotency key; replays return the original result without duplicate charges.
Refunds
Because coins are delivered instantly and consumed inside the Service, purchases are non-refundable except where mandatory consumer law requires otherwise. In Brazil, consumers who buy off-premises have the right to withdraw within 7 days under Art. 49 of the Consumer Defence Code (Lei 8.078/1990); we honour this right for coin packs that have not been spent or partially spent. In the European Union, EU consumers have a 14-day withdrawal right under Directive 2011/83/EU; this right is lost for digital content once you expressly request immediate delivery and acknowledge that the right of withdrawal will be lost, which is the default flow at checkout. Refunds, when granted, return the original payment to the same method used to pay, less any amounts already spent. Promotional or bonus coins are never refundable.
Subscriptions
Paid plans renew automatically at the end of each billing period at the then-current price unless you cancel before the renewal date. You can cancel at any time from the preferences page; cancellation takes effect at the end of the current period and does not entitle you to a pro-rata refund of the unused portion, except where required by mandatory consumer law. Coins included with a plan are credited each period and are forfeited if not spent before the plan terminates. We may change pricing, features, or eligibility of a plan with reasonable advance notice (at least 30 days), and you may cancel before the change takes effect to avoid it.
Marketplace
The in-game marketplace lets you list, browse, and acquire character items and cosmetics from other users for coins. All marketplace transactions are settled in coins only; off-platform payment, barter, or coordination is prohibited and is grounds for termination. GutCall charges a service fee on each completed sale, disclosed before listing. We may remove listings, reverse transactions, or freeze items at our reasonable discretion to address fraud, IP complaints, or violations of these Terms. We are not party to peer-to-peer transactions and provide the marketplace as-is; disputes between users should first be raised through the in-app report flow.
Challenges and resolution
Each challenge resolves according to the rules visible to all participants before the close time. Where the outcome is ambiguous, late, or affected by force majeure, we may extend the resolution window, void the challenge, or correct a settlement. Voided stakes are returned to the participant's coin balance; settled stakes are final. We may, with notice in the activity feed, reverse a manifestly erroneous resolution within a reasonable period. AI-assisted resolutions are subject to human review when contested through the in-app dispute flow.
Fair play
You must not act on material non-public information, coordinate with others to skew outcomes or probability displays, place stakes designed to manipulate prices for benefit elsewhere, or use the Service to launder coins between accounts. Engineering or amplifying real-world events to influence challenge outcomes is prohibited and may also be a crime under applicable law. We monitor for collusion, wash trading, and circular flows; confirmed violations result in stake reversal, account termination, balance forfeiture, and, where applicable, referral to authorities.
Moderation and enforcement
We may, at our reasonable discretion and consistently with applicable consumer-protection law, warn users, hide or remove content, restrict features, suspend or terminate accounts, void transactions, forfeit coin balances obtained through prohibited conduct, and report illegal activity to authorities. Where suspension or termination is not the result of fraud or other serious abuse, you may appeal through the contact channel below; we will respond within a reasonable time.
Your content
You retain ownership of challenges, predictions, comments, names, and other content you submit ("User Content"). You grant GutCall a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, publicly perform, display, and distribute your User Content for the purpose of operating, promoting, and improving the Service and the shared cards / links that features you opt into produce. This licence ends when you delete the content, except for backups already created and copies others have legitimately re-shared. You warrant that you have all rights necessary to grant this licence and that your User Content does not infringe any third-party right.
Our intellectual property
GutCall, the GutCall logo, the visual design system, the underlying source code, the catalogue of cosmetics and category art, and all related trademarks and trade dress are owned by us or our licensors. Nothing in these Terms transfers any ownership to you. You may not copy, modify, reverse-engineer, decompile, redistribute, frame, or create derivative works from any part of the Service, except as expressly permitted (for example, sharing officially generated previews on social media).
Copyright complaints
If you believe that content on the Service infringes your copyright, follow the takedown procedure described on our DMCA / IP Policy page. We respond to validly formed notices, accept counter-notices, and terminate the accounts of repeat infringers in appropriate cases.
Third-party services
The Service relies on third-party providers (including Stripe for payments and tax, push-notification gateways, hosting and analytics partners listed in the Privacy Policy). Their terms and privacy practices govern your interaction with them; we are not responsible for their availability, fees, or decisions (for example, a payment decline). External links inside the Service are provided for convenience and do not constitute endorsement.
Privacy and cookies
Our handling of personal data is described in the Privacy Policy, including the legal bases under LGPD, GDPR, and applicable US state laws, retention periods, data-subject rights, and how to exercise the Do-Not-Sell-or-Share option. Cookies and similar technologies are described in the Cookie Notice; you can update your choices at any time through the in-app preferences.
Availability and changes to the Service
We provide the Service on a best-effort basis and do not guarantee uninterrupted, error-free, or feature-stable operation. We may schedule maintenance, throttle abusive traffic, modify or discontinue features, and impose reasonable limits to protect the Service. Where a change materially reduces a paid feature you have an active entitlement to, we will provide reasonable advance notice and a route to cancel without penalty.
Disclaimers
Except where prohibited by mandatory consumer law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted operation. Nothing on the Service constitutes financial, legal, tax, or investment advice. Probabilities shown in challenges are derived from in-game stakes and are not predictions of real-world events.
Limitation of liability
To the maximum extent permitted by applicable law, GutCall and its officers, employees, and affiliates are not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, data, goodwill, or reputation. Our total cumulative liability for any claim arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you actually paid us in the twelve months preceding the event giving rise to the claim, or (b) BRL 250. This cap does not apply to liability that cannot be limited or excluded under applicable law, including death or personal injury caused by our negligence, fraud, or wilful misconduct.
Indemnification
You agree to indemnify and hold GutCall harmless from any claim, demand, loss, damage, or expense (including reasonable legal fees) brought by a third party arising from (a) your breach of these Terms or applicable law, (b) your User Content, (c) your misuse of the Service, or (d) your infringement of any third-party right. This obligation does not apply to claims caused by our own gross negligence or wilful misconduct, and is subject to your non-waivable consumer-law rights.
Governing law and venue
These Terms are governed by the laws of the Federative Republic of Brazil. For disputes that the Consumer Defence Code (Lei 8.078/1990) applies to, the consumer may bring claims in the courts of their domicile; for all other disputes, the parties elect the courts of the City of São Paulo, State of São Paulo, Brazil, with express waiver of any other forum. Consumers resident in the European Union or the United Kingdom retain the mandatory protections of their habitual residence; consumers resident in the United States retain any non-waivable rights under applicable state law. Nothing in these Terms is intended to deprive any consumer of a non-waivable right.
Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets, provided your rights are not materially diminished.
Severability and entire agreement
If any provision of these Terms is held invalid or unenforceable by a competent court, the remaining provisions remain in full force, and the invalid provision will be replaced by an enforceable provision that most closely matches its intent. These Terms, together with the Privacy Policy, the Cookie Notice, the DMCA / IP Policy, and any in-product disclosures presented at purchase or signup, constitute the entire agreement between you and GutCall with respect to the Service and supersede any prior communications. Our failure to enforce any right is not a waiver of that right.
Changes to these Terms
We may update these Terms as the product, the law, or our processors require. The "Last updated" date above reflects the most recent revision; material changes are announced in-app or by email at least 14 days before they take effect, and your continued use of the Service after that date means you accept the updated Terms. If you do not accept a change, you may stop using the Service and request deletion of your account.
Languages
These Terms are originally drafted in Brazilian Portuguese and translated into English and Spanish for convenience. In the event of a conflict between versions, the Brazilian Portuguese version prevails for users resident in Brazil; for users resident elsewhere, the local-language version available in the in-product locale prevails to the extent your local law requires.
Contact
Support and general questions: support@gutcall.co. Privacy / data-rights requests: privacy@gutcall.co. Security reports: security@gutcall.co. Legal and formal notices, including those required under the Marco Civil da Internet (Lei 12.965/2014): legal@gutcall.co.